ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00056775
Parties:
| Complainant | Respondent |
Parties | Mairéad Ruane | Forus Training |
Representatives | Did not attend the hearing | Peninsula Business Services Ireland |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00068987-001 | 31/01/2025 |
Date of Adjudication Hearing: 14/05/2025
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
In accordance with Section 79 of the Employment Equality Acts 1998 - 2015, this complaint was assigned to me by the Director General.
On the form she submitted to the WRC on January 31st 2025, the complainant, Ms Mairéad Ruane, ticked the box to claim that she was discriminated against on the ground of her family status. Under the heading, “Complaint Specific Details or Statement,” she said, “My circumstances were ignored and mocked.” She provided no further details and she did not send a submission to the WRC in advance of the hearing.
The complainant’s case was scheduled remotely over Webex and, when the hearing opened at 10.00am on May 14th, she was not in attendance. Her former employer, Forus Training was represented by Ms Annalee Brazel of Peninsula. Ms Brazel was accompanied by a member of the finance team, Mr Kabir Singh Mann.
Although the complainant did not send a submission and provided no particulars in relation to her complaint, Ms Brazel submitted a comprehensive document setting out the respondent’s position with regard to the complainant’s claim that she was discriminated against on the ground of family status.
I note from the case file that, on May 7th 2025, the complainant sent an email to the WRC in which she sought a postponement of the hearing on May 14th because she was unfit to attend. The case officer replied and informed the complainant about the procedures for applying for a postponement and, in the case of illness, for the requirement to submit a medical certificate. The complainant was requested to provide a doctor’s certificate by 12.00pm on May 9th. The complainant did not reply by May 9th and, on May 13th at 22.23, she sent an email to the WRC in which she said that she was unwell and that she would not attend the hearing and that she would submit a medical certificate later.
As the complainant did not attend the remote hearing, and, as she did not adhere to the procedures to apply for a postponement, I have decided to conclude my investigation and close this file.
Decision:
Section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
In accordance with Section 79 of the Employment Equality Act, I am obliged to hold a hearing. I am satisfied that the complainant was notified of the arrangements for the hearing on May 14th 2025, and I find that her failure to attend was unreasonable. In these circumstances, any obligation to pursue an investigation in accordance with Section 79 of the Act has ceased. As the complainant did not attend the hearing to present evidence in support of her allegations of discrimination, I conclude the investigation and find against her. |
Dated: 22nd May 2025.
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
Complainant did not attend the hearing. |